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Appeal No. LPR-115 of 1970, heard on 10th June 1970.

S. 31-Industrial dispute-Leave on medical grounds-Departmental instructions requiring certificate in support of sickness to be produced from Departmental Doctor or Government Medical officer and from Private Registered Medical Practitioner in, case no such doctor available- Worker, however, could seek services of Depart mental or Government Doctor only after obtaining docket letter from Department-Department not permitting worker to obtain such docket letter and, in circumstances, worker submitting certificate from Private Registered Medical Practitioner-Order refusing leave and not allowing him pay for period involved, in circum stances, held, amounted to alteration of conditions of service and hence set aside--Worker allowed pay for period involved.

Mirza Nazir Ahmad Naz for Appellant.

Naseerul Hasan for Respondent.

Date of hearing: 10th June 1970.

This is an appeal against an order of the learned Chairman of the Labour Court (Central Zone), dated the 2nd of March 1970, whereby the learned Chairman dismissed the application of the appellant under section 31 of the Industrial Disputes Ordinance, 1959 (hereinafter called the Repealed Ordinance). The facts giving rise to the present appeal briefly put are these.

The appellant made an application under section 31 of the Repealed Ordinance on the ground that the conditions of his service in respect of leave have been altered with the result that he had not been given the pay for the period from 20th of January 1966 to the 14th of April 1966. The learned Chairman of the Labour Court dismissed the application after arriving at the following conclusion:

"There is no doubt whatsoever that the medical certificates submitted by the petitioner in support of his leave application for the period in question did not conform to the requirements laid down in advance by the respondent in regard to the submission of medical certificates by the respondent's employees."

The short question for my consideration on the conclusion arrived at by the learned Court is as to whether the certificates produced by the appellant were in conformity with the instructions issued by the Department.

It would be necessary to reproduce the instructions issued by the Chairman, West Pakistan Road Transport Board, Lahore dated the 19th of November 1958, in order to determine whether the medical certificates produced by the appellant were in conformity with the instructions issued by the Chairman. It sues as under:

"In supersession of all previous instructions and memoranda issued on the subject from time to time, it has been decided that in future the Medical Certificates for grant of sick leave under the rules should be accepted only if issued by:

(1) Board's Medical Officer, or

(2) Doctor or Incharge of a Government Hospital or dispensary or;

(3) Doctor or Incharge of any local body dispensary, or

(4) A private M.B.B.S. Medical Practitioner, only registered, provided that:

If any employee submits a certificate granted by a private Medical Practitioner it will be acceptable only if the competent authority is satisfied that the services of the Board's Medical Office or doctor or Government or Local Body Hospital were not available in the vicinity.

2. You are also advised to follow the above instructions strictly in future.

(Sd).

for Chairman,

West Pakistan Road Transport Board,

Lahore."

The appellant had produced in all three certificates, two by Private Practitioners and one by a Doctor Incharge of the Government Hospital or dispensary. The two certificates produced by Private Medical Practitioners are dated 21st January and 3rd of February 1966 and the last one which is by a Doctor Incharge of Government Hospital is dated the 28th of February 1966. So far as the last certificate is concerned no exception can be taken under the instructions issued by the Chairman, Road Transport Board, Lahore. The said certificate happens to be by a Doctor Incharge of a Government Hospital. Exception can be taken only as regards to the other two certificates, which are issued by the Private Practitioners. The burden lay on the appellant to show that the services of a Board's Medical Officer or Doctor of Government or Local Body Hospital were not available in the vicinity when those certificates were issued. Mr. Naz, however, contended that he could not approach the Board's Medical Officer or Doctor Incharge of local body or Government Hospital without docket from the District Manager. That this is so is borne out by the letter Exh. P. 9. It is a letter dated the 6th of March 1966, addressed by the District Manager to the appellant. In that letter the District Manager refused to accept tyre certificate of the Assistant Medical Officer Incharge Civil Dispensary, Satyana, on the ground that -it was issued r the Medical Officer "without any docket from this office". Moreover, it would appear from the evidence of the appellant that he was not permitted to enter the premises of the Office of the District Manager which fact has not been challenged in the course of examination of the appellant. If the appellant was not permitted to enter the premises of the Office of the District Manager how could he obtain a docket. In these, circumstance I will not attach much importance to the proviso mentioned in Exh. P. 1 already reproduced.

For the reasons given above, I would hold that there was a contravention of the terms of the service of the appellant inasmuch as the Medical Certificates, specially the last on produced by the appellant was in keeping with the instruction issued by the Chairman, Road Transport Corporation in respect] of acceptance of Medical Certificates. The period from 24th of January 1966 to 14th of April 1966, to be treated as period on leave. If the appellant is entitled to any pay under the rules after treating the period from 20th January to 14th April to be on leave he should be granted the pay for the said period.

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